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Ohio Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Ohio on
Q: Why do I have two different ticket amounts for the same incident?

2 of my dogs got loose at the same time and I’m being charged $25 for one and $150 for the other.

Matthew Williams
Matthew Williams answered on Jul 30, 2019

Is it the second time for one of them? The penalties on those go up when it happens again. So if the Dog A got loose before but Dog B did not, the amounts could be different.

1 Answer | Asked in Criminal Law for Ohio on
Q: How long can a person be held before a parole violation hearing?

My boyfriend was arrested on 7/11 for a parole violation and has yet to have a hearing scheduled. Is there a certain window in which the hearing must be scheduled or is it just whenever the parole board gets around to it? And is he required to remain in the correctional facility or is there a way... Read more »

Matthew Williams
Matthew Williams answered on Jul 28, 2019

The policy is 20 business days not counting the date of arrest. So, if they follow their policy, and that's a big if. The last day is August 8th. No there is no bond on a parole violation.

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: What is the concept of overwhelming circumstantial evidence? Can it be enough for a conviction?
Matthew Williams
Matthew Williams answered on Jul 23, 2019

Circumstantial evidence's value is every bit the same as the value of direct evidence. "It's only circumstantial" is a nonsense TV thing. Circumstantial evidence is often extremely powerful. Here is the example that is often given in court. You go to sleep at night and there is no snow on the... Read more »

1 Answer | Asked in Contracts, Criminal Law and Small Claims for Ohio on
Q: signed car over to daughter, with agreement to pay for the car monthly. She never paid for it.

I signed over car to daughter with agreement for her to make monthly payments for the car. She took car never paid. She’s currently in jail and her husband refuses to give car back. How do I get the car back.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

If the title to the car is in your daughter's name only you cannot get it back--lawfully--absent a lawsuit.

1 Answer | Asked in Criminal Law for Ohio on
Q: hey, is it illegal to pick up a sealed controlled substance for my uncle? Will i go through a hard time if I got pulled
William Jaksa
William Jaksa answered on Jul 21, 2019

Yes. Absolutely yes. You know its a controlled substance, ought to have known, or should have made efforts to know... then yes. If you had no idea and were simply doing a favour then be prepared to explain who you were picking the package for and where you were delivering it to. Don't lie about it.... Read more »

2 Answers | Asked in Child Custody, Criminal Law and Federal Crimes for Ohio on
Q: Can I file federal kidnapping charges if the person didn't bring your child back home to you
William Jaksa
William Jaksa answered on Jul 21, 2019

Short answer is yes, BUT, depends on several factors. Was there a child access/custody agreement in place? Was the child removed from the state? Was there an intention to bring back the child? A parent taking a child out-of-state for a weekend vacation would not be considered kidnapping. The police... Read more »

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1 Answer | Asked in Criminal Law for Ohio on
Q: Is there a way to get court ordered rehab services?

I have a family member that has several traffic infractions and has overdosed on atleast 6 occasions where the paramedics showed up. Plus a recent drug charge. She does not go to her court hears, get warrants and when getting caught they allow her to release herself on ROR, knowing she has skipped... Read more »

Scott A. Kelly
Scott A. Kelly answered on Jul 19, 2019

Drug counseling may be ordered as a probation condition at the end of the case. Additionally, the court she is in may have a drug court program. I would call the probation department for the court to ask what services may be available. Sadly, with the cost of treatment services may not be as... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: Is it illegal to miss pronounce Arkansas
Gary Kollin
Gary Kollin answered on Jul 14, 2019

Are you kidding?

1 Answer | Asked in Criminal Law for Ohio on
Q: How do i change my conditions of Federal supervision after a denial
Matthew Williams
Matthew Williams answered on Jul 12, 2019

You probably don’t. You need a really good reason to get them to change your supervision conditions if they don’t want to.

1 Answer | Asked in Criminal Law for Ohio on
Q: How can a defendant be served with notice of hearing in Ohio?

I was arrested for failure to appear in Ohio. The docket states that the clerkbscheduled the hearing on June 14 for June 19. I didn't receive any paperwork and the docketvdoesnt say if any was sent. Usually the docket says if notice was mailed because they track postage.

Matthew Williams
Matthew Williams answered on Jul 12, 2019

The docket doesn’t always reflect everything that happens and is not an official record. The court has a journal that is the official record. Defendants can be served with notice of hearings in person, or by regular or certified mail to their last known address.

1 Answer | Asked in Criminal Law for Ohio on
Q: Am i allowed to have a copy of police reports of what i am charged with.

My attorney told me he would send me copies of the police reports. Then told me he can not supply them as they are police reports. He also told me he would make an appointment for us with the prosecutors office to view video evidence of me doing the crime. It has never happened, and i dont believe... Read more »

Matthew Williams
Matthew Williams answered on Jul 12, 2019

Some materials in discovery are marked counsel only and cannot be shared directly with the defendant. Police reports that contain the names, and contact information for victims/witness/kids are often kept confidential. You really should hire a lawyer you trust. These charges have potentially life... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: If a person obsconded from prc was notpicked up, and the term ended for the prc. Is the prc terminated?

My girlfriend was on prc she quit reporting then she recently was picked up for unrelated warrants. It doesn't show whether she is being held by the apa. Her prc would have ended a month prior to her arrest.

Matthew Williams
Matthew Williams answered on Jul 8, 2019

If she stopped report, the APA is almost certainly looking for her and the fact that her PRC would have ended a month ago doesn’t matter.

1 Answer | Asked in Criminal Law for Ohio on
Q: I have warrants and need help ASAP
Matthew Williams
Matthew Williams answered on Jul 8, 2019

Contact a local attorney.

1 Answer | Asked in Criminal Law for Ohio on
Q: How long does it take to receive an indictment for a conveyance or possession charge?
Matthew Williams
Matthew Williams answered on Jul 1, 2019

As long as it takes the lab to return results confirming the nature of the substances. Weeks, sometimes months. Use the time to retain an attorney.

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a suspect be detained in jail without sufficient evidence after a preliminary trial?

I was held in jail with a 50 thousand dollar bail after a judge stated during a preliminary trial, (and this is from a transcript), "I would feel it's certainly not enough for beyond a reasonable doubt but certainly enough for suspicion."

My lawyer stated this before the Judge made the... Read more »

Matthew Williams
Matthew Williams answered on Jun 30, 2019

The standard at a preliminary hearing is probable cause. It’s a pretty low bar. The easier way to say it is: there’s some reason to believe this person may have done this. The judge, it sounds like, found probable cause but was warning the state that he didn’t think the case was strong enough... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Hello , if i got caught with a gun in my car, i dont have a CCW And ive never been in trouble how much time am i facing
Matthew Williams
Matthew Williams answered on Jun 25, 2019

It depends how the case is charged, but it most likely a fourth degree felony charge for mishandling a firearm in a motor vehicle carrying up to 18 months.

1 Answer | Asked in Criminal Law for Ohio on
Q: i have a case from 2016 2921.331 b failure to comply cleveland ohio and just now going to court july 10 has the law

changed to now on the time i could get and how much time in jail is it no won hurt also charged with dui

Matthew Williams
Matthew Williams answered on Jun 25, 2019

Failure to comply can be several different offense levels depending upon the nature of the actual offense. DUIs carry different sentences depending on how many of them you have. So it’s not possible to answer your question without more information.

1 Answer | Asked in Criminal Law for Ohio on
Q: What does presumption of prison term mean in ohio
Matthew Williams
Matthew Williams answered on Jun 25, 2019

Certain offenses, felonies of the first and second degree mostly, carry a legal presumption that prison is the appropriate sentence. This means upon conviction the judge will impose a prison sentence unless presented with very compelling reasons and evidence not to.

1 Answer | Asked in Criminal Law for Ohio on
Q: Detectives excuted a search warrant but I can't find the journal entry on my docket
Matthew Williams
Matthew Williams answered on Jun 25, 2019

Warrant returns often come back before the case is docketed at all. If the warrant was served after the case was docketed it should appear there and the matter can be raised with the court. But it’s largely immaterial. The important thing is to scrutinize the warrant affidavit for potential... Read more »

2 Answers | Asked in Criminal Law for Ohio on
Q: How do you go about unsealing your records, when you have no criminal background?
Denise Rini Esq
Denise Rini Esq answered on Jun 18, 2019

If you do not have any criminal charges, there is nothing to unseal.

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